Osiel Valdez Ortiz, Appellant v. the State of Texas, Appellee

Summary

The Court held that jeopardy in a negotiated guilty plea attaches only when the trial court accepts the plea bargain; because the trial court did not accept the agreement, jeopardy never attached and the appellant’s subsequent nolo contendere plea was not barred by double jeopardy. The Court affirmed the trial court’s conviction and the Court of Appeals’ judgment. The dissent argued that jeopardy did attach and the case should be remanded for sentencing on the robbery charge, while two concurrences agreed with the majority’s result but differed on the analysis of when jeopardy attaches.